In this anticipatory bail application, the High Court of Kerala made an interim bail order granted earlier absolute. The court imposed standard conditions for cooperation with investigation and non-interference.
Interim bail order made absolute subject to conditions of appearing to investigation, non-interference with witnesses, and no new crimes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944
BAIL APPL. NO. 1646 OF 2022
CRIME NO 896 OF YEAR 2021 OF KURUPPAMPADY POLICE STATION,
ERNAKULAM
PETITIONER:
SUBIN CHERIAN
AGED 31 YEARS, CHANDRATHARAYIL HOUSE, KUTTOOR P.O, THIRUVALLA, PIN - 689106
BY ADVS. T.P.PRADEEP R.K.PRASANTH MINIKUMARY M.V. P.K.SATHEES KUMAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 PAUL JAMES KANNOTHUKUDIYIL HOUSE,PULLUVAZHY P.O, RAYAMANGALAM, ERNAKULAM, PIN - 683541
BY ADVS. AJEESH M UMMER SMT. SEETHA S – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA. No.1646/2022
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O R D E R
Dated this the 08th day of August, 2022
This is an application for Anticipatory Bail.
commission of offences punishable under Sections 420, 506 and r/w Section 34 of the IPC.
BA. No.1646/2022
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employment or give back the money received from the de facto complainant.
BA. No.1646/2022
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06.05.2022, an interim order was granted granting bail to the petitioner for a limited period and that the petitioner that thereafter he has co-operated with the investigation and the learned Public Prosecutor also endorsed the said fact.
case and considering the nature of the allegations, this interim order is made absolute with the following further conditions:-
(i) Petitioner shall appear before the investigating officer in Crime No.896/2021 of Kuruppanpadi Police Station as and when summoned to do so;
(ii) Petitioner shall not attempt to interfere
with the investigation or to influence or intimidate any witness in Crime No.896/2021 of Kuruppanpadi Police Station;
(iii) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.896/2021 of Kuruppanpadi Police Station may file an application before the jurisdictional
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Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and
another(2020(1)KHC 663).
Sd/-
VIJU ABRAHAM, JUDGE
ded/08.08.2022
1 issue framed by the court
Whether the interim order granting bail to the petitioner should be made absolute.
1 provisions across 1 enactments
SUBIN CHERIAN
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
PAUL JAMES
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
